42—Time limit for determination of applications
(1) If the Authority
has not advised an applicant for an authorisation of its decision on the
application within the prescribed period after the application is made, the
applicant may, after giving 14 days notice in writing to the Authority, apply
to the Environment, Resources and Development Court for an order requiring the
Authority to make its decision on the application within a time fixed by the
Court.
(2) If an application
for an authorisation involves an activity that requires a related approval
under the Planning, Development and Infrastructure Act 2016 and that
approval has not been obtained at the time that the application is made under
this Act, the time period under subsection (1) will not commence until
approval is obtained under the
Planning, Development and Infrastructure Act 2016 .
(3) If an application
for an authorisation involves an activity for which a financial assurance
under section 51 is required and the financial assurance has not been
obtained at the time that the application is made under this Act, the time
period under subsection (1) will not commence until the Authority
receives the prescribed details in relation to the financial assurance.